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2021 Supreme(Raj) 168

VIJAY BISHNOI
Lakhi Bherwani S/o Harish Bherwani – Appellant
Versus
Fullerton India Credit Company Ltd. , Through Its Managing Director, Registered Office At Megh Towers – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Lokesh Mathur

JUDGMENT :

1. This writ petition has been preferred on behalf of the petitioners being aggrieved with the order dated 9.8.2021 passed by the Debts Recovery Tribunal, Jaipur (for short ‘the DRT’) in SA No.197/2021, whereby certain interim directions have been issued.

2. In response to the query raised by this Court as to whether the impugned order is appealable before the DRAT as per Section 18 of the SARFAESI Act, learned counsel for the petitioners has submitted though the statutory remedy of appeal is available to the petitioners, however, since the impugned order is without jurisdiction and the DRT has granted the reliefs, which were even not been prayed before it, this Court can very well interfere in this writ petition under Article 226 of the Constitution.

3. In support of the above contention, learned counsel for the petitioners has placed reliance on the decisions of the Hon’ble Supreme Court rendered in Industrial Credit and Investment Corporation of India Ltd. Vs. Grapco Industries Ltd. and Others, reported in AIR 1999 SC 1975 and State of W.B. and others Vs. Ashit Nath Das and others , reported in AIR 1988 SC 729 .

4. Having heard learned counsel for the petitioners and afte

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